National Court of Papua New Guinea

C>Cur adur ad vult vult<

22 June 1992

NEWELL AJ:

FACTS

Sometime in 1988 (the Police say this occurred in early March 1988) the Plaintiff was charged by the Police with putting up a road block on the Highlands Highway between Kainantu and Kompri Valley. The Magistrate says he cannot recall any allegation of assault by the Police when the Plaintiff was arrested in connection with this road block (records would have been destroyed in the Kainantu Court House fire).

Police witnesses say that one of the suspects was Buka Kasame, who according to Police evidence was allegedly wanted by Police at Kimbe for robbing Kimbe BMS. Police say he admitted this offence to them (copies of police records were produced to prove this occurred). Police charged him with loitering (evidence of this has been produced from Police Records). The Police deny any suggestion that he was assaulted by Police.

The Plaintiff says that a Nolle Prosequi was presented against him for the Kimbe offence, but he had not produced any evidence of this. Nor was any evidence produced from the Defence Counsel that he alleged any assault when appearing before the Judge in Kimbe.

The Plaintiff alleges that he was beaten by the Police, but there is no supporting evidence for this allegation.

DECISION

I am not satisfied that there is sufficient evidence of the alleged inhuman treatment, or illegal detention by Police. The Magistrate and Police say there was no inhuman treatment alleged in Kainantu, and no evidence was produced from the Defence Counsel in Kimbe, nor was there any evidence of the Nolle being presented against him.

There is no independent evidence of his illegal detention, only his allegations, and evidence from various people that they did not see him for a year.

As the State did not see fit to appear before me on this matter, I dismiss the application, but do not award costs against the Plaintiff.

Lawyer for the Plaintiff: Dennis Anton Umba

Lawyer for the Defendants: State Solicitor